Licensing Agreement for Online Website Viewing of eStatements, eNotices and eLerts

Welcome to Sandia Area Federal Credit Union (Sandia Area)’s Electronic Statement enrollment. After your enrollment is complete, you will be able to view, print or save your statements and notices.

MEMBER CONSENT TO ACCEPT ELECTRONIC DELIVERY OF STATEMENTS UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN). The eStatement and eLert Web Site (the "Service") is an on-line Electronic Statement, Electronic Notice, and Electronic Alert viewing product provided by Sandia Area Federal Credit Union ("The Credit Union"), and its Licensor, Diamond Communication Solutions.

DEFINITIONS: In this Agreement, the word "Disclosure" refers to your Electronic Statement agreements and disclosures and any other disclosures, including this disclosure, that we would normally provide to you in a written form that you retain. The word "Service" refers hereafter to Electronic Statements, Electronic Notices, and Electronic Alerts. The words "you" and "your" refer to you, the Member of Sandia Area. The words "we," "us," and "our" mean Sandia Area.

CONSENT TO RECEIVE STATEMENTS, NOTICES AND DISCLOSURES BY ELECTRONIC MEANS. You are submitting an application for our Services. This document informs you of your rights when receiving legally required disclosures from us. By applying for Services through us, and by checking the "I Agree" box below, you acknowledge receipt of this document and consent to the electronic delivery of Statements and Disclosures. You also agree to receive other disclosures online when we elect to make them available in electronic format. Electronic disclosures include the terms and conditions of your Services.

Please read this Agreement carefully before accessing or using the Service. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. The Credit Union may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.

ESTATEMENTS, ELERTS AND NOTIFICATIONS. Sandia Area Federal Credit Union provides monthly and quarterly account statements and notifications in either paper or electronic format. If you agree to receive your account statements electronically, paper statements will no longer be mailed to you. Your choice of notification format will apply to all sub accounts under your unique membership account number. Your notification will NOT apply to credit card statements. You may change the format (paper or electronic) in which you receive statements or your electronic contact information (i.e., e-mail address) at any time with no penalties and no fees within the eStatement platform. We will notify you at your electronic address of the availability of monthly/quarterly statements, new disclosure material, and any changes in hardware or software that may impact your ability to retrieve electronically formatted information. You agree to notify the Credit Union of changes to your email address and other contact information. You will need Adobe Acrobat Reader software to read your statements, which can be downloaded at no charge from the eStatement registration screen. You will be able to access your statements and other documents online for a period of 18 months. You will also have the option to download or print the documents for your future reference.

ELECTRONIC DISCLOSURES AND ELECTRONIC NOTICES. Sandia Area Federal Credit Union provides notices & disclosures in either paper or electronic format. Examples of some notices we may send electronically include the Annual Privacy Notice, your Billing Error Rights Notice, Change in Terms Notices, tax statement notices, notices for insufficient funds, share certificate maturity, and other Notices or Account Disclosures that inform you of changes at the Credit Union. If you agree to receive your account statements electronically, paper notices and disclosures may no longer be mailed to you.

MEMBER RESPONSIBLITIES. You are responsible for accessing, opening and reading your documents at your earliest convenience. These contain important and potentially legally binding information and disclosures. You are responsible for promptly notifying Sandia Area if any documents you receive are incomplete, unreadable or inaccessible. You must have a valid email address. You agree to immediately notify Sandia Area of any changes to your email address. Failure to update and/or correct your email address may result in Sandia Area reinstating the delivery of your paper statement.

EQUIPMENT REQUIREMENTS. Accessing eStatements and eNotices requires the use of the following equipment/accessibility:

• Valid, active email address
• Personal computer or Mac
• Printer capability to print your statement or notice
• Adobe Reader installed on your computer (download free at http://get.adobe.com/reader/)

One of the following browsers with 128-bit encryption:

• WINDOWS
  • Internet Explorer 8 or later
  • Firefox 23.0 or later
  • Chrome 29.0 or later
• MACINTOSH
  • Safari 6.0 or later
  • Firefox 23.0 or later
  • Chrome 29.0 or later

All of this equipment and software, and your communications link, are collectively referred to as your "Computer." You alone are responsible for selecting, obtaining, installing, maintaining and operating your Computer in accordance with the requirements provided by the respective manufacturers and service providers.

USER ID, PASSWORD AND SECURITY. After the initial login, the Service will be accessible to you through one or more access codes. The access codes issued to you or chosen by you are for your security purposes. Any such codes are confidential and should not be disclosed to third parties. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. You understand that any joint owner you authorize to use an access code may have access to any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your electronic services immediately. You agree not to give or make available your password to any unauthorized individuals. If you believe that your password has been lost or stolen or that someone may attempt to use your password without your consent, you must notify The Credit Union at once.

CHARGES. As a customer of the Service, you will not be charged by The Credit Union for receiving an eStatement or eNotice electronically. For your convenience The Credit Union intends to store up to 18 months of eStatements and eNotices. Your eStatements and eNotices are available for viewing and printing for 18 months from the statement date. After that time, you may request a paper copy of your statement by contacting Sandia Area. Nominal fees, currently $3 per statement, may apply for paper statement copies that are retrieved by Sandia Area.

You must not restrict or inhibit any other user from using the Service. You may not use the Service to send any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, threatening, offensive, or otherwise objectionable information of any kind. You may not use the Service to conduct any illegal activity or solicit the performance of any illegal activity, including without limitation the U.S. export control laws and regulations.

EXCLUSION OF WARRANTIES. The Credit Union IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. The Credit Union DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL The Credit Union OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMACE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF The Credit Union OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON The Credit Union, ITS LICENSORS OR SUPPLIERS, The Credit Union AND ITS LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.

THE FOREGOING SHALL CONSTITUTE The Credit Union’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.

ASSIGNMENT. You may not assign this Agreement to any other party. The Credit Union may assign this Agreement to any future, directly or indirectly, affiliated company. The Credit Union may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

GENERAL. This Agreement is governed and shall be construed in accordance with the laws of the State of New Mexico, excluding its choice of law rules. Unless otherwise forbidden by law, any dispute under this agreement or related to your account shall be brought only in the Second Judicial District Court for Bernalillo County, New Mexico. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between The Credit Union and you concerning the Service. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.